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2025 Supreme(Online)(AP) 4710

APHC010602942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Tuesday, the fourth day of March 2025 Present The Honourable Ms Justice B.S.Bhanumathi Civil Revision Petition No.432/2025 Between:

Sivapuram Ram Prasad ...Petitioner AND Busetty Bhagyalakshmi and Others ...Respondent(s)

Counsel for the Petitioner:

1. N Sri Ram Murthy Counsel for the Respondent(S):

1.

The Court made the following:

ORDER:

This petition is filed by the defendant under Article 227 of Constitution of India having been aggrieved by the inaction of the trial Court for not disposing of the petition in I.A.No.89 of 2023 in O.S.No.15 of 2023 on the file of the Court of Principal Senior Civil Judge, Nandyal.

2. The suit is filed for partition I.A.No.89 of 2023 is filed under Order XXXIX, rules 1 and 2 and section 151 CPC to grant ad-

interim injunction restraining the defendant and his men etc., from trespassing into the suit schedule property of house site.

3. On 20.03.2023, the trial Court ordered to maintain status- quo. The respondent/defendant filed counter on 28.03.2023. Yet, the trial Court did not dispose the petition. Therefore, this petition was filed.

4. The learned counsel for the revision petitioner submitted that the revision petitioner is aged about 70 years and is suffering from lung cancer and therefore, he is praying for early disposal of the suit as well in preference to the interlocutory application.

5. Since the petitioner is a senior citizen and moreover is suffering from ailment, in the light of the decision below, the trial in the suit shall be expeditiously completed. In Pelluri Venkata Hanumantha Krishna Murthy Sharma Vs.Pelluri Venkata Lakshmi Narasimha Rao, [2020 SCC online AP 1750] in paragraph No.12 it was held that:

“12.Subsequently, the High Court of Andhra Pradesh issued Circulars in (1) ROC.No.3465/E-1/2003, dated 05.12.2003, (2) ROC.No.1230/OP Cell-E-2005, dated 20.08.2005 and ROC.No.3465/E-1/2003, dated 14.12.2011 and further the High Court of Judicature at Hyderabad for the State of Telangana and for the State of Andhra Pradesh issued a Circular in ROC.No.5226/OP Cell-E/2014, dated 20.12.2014 in which specific instructions are issued to give priority to the cases relating to senior citizens for the expeditious disposal”.

6. As such the revision petition is disposed of directing the trial Court to expeditiously dispose of the suit as early as possible.

There shall be no orders as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this revision petition shall stand closed.

_____________________ B.S.BHANUMATHI, J Date: 04.03.2025 GRL

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